Hera Print, Inc. v. Like Dreams, Inc. ( 2022 )

Case 2:22-cv-07343-FMO-PLA Document 69 Filed 12/19/22 Page 1 of 2 Page ID #:406 UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA CIVIL MINUTES - GENERAL Case No. CV 22-7343-FMO (PLAx) Date December 19, 2022 Title Hera Print, Inc. v. Like Dreams, Inc. et al. Present: The Honorable Fernando M. Olguin, United States District Judge Gabriela Garcia None Present Deputy Clerk Court Reporter / Recorder Attorneys Present for Plaintiffs: Attorneys Present for Defendants: None Present None Present Proceedings: (In Chambers) Further Order to Show Cause Re: Dismissal Re: Lack of Prosecution By order dated November 30, 2022, plaintiff was ordered to show cause why this action should not be dismissed as to several defendants, including Poshmark, Inc. (“Poshmark”) for lack of prosecution. (See Dkt. 35, Court’s Order of November 30, 2022). With respect to Poshmark, the order stated that the Order to Show Cause would “stand submitted upon the filing” of an answer or application for entry of default judgment. (See id.). Plaintiff was admonished that “[f]ailure to file a timely response to th[e] Order to Show Cause shall result in the action [or Poshmark] being dismissed for lack of prosecution and for failure to comply with the orders of the court.” (Id.) (citing Fed. R. Civ. P. 4 & 41(b); Link v. Wabash R.R. Co., 370 U.S. 626, 629-30, 82 S.Ct. 1386, 1388 (1962)). Despite the fact that Poshmark has not filed an answer to the Complaint, plaintiff has failed to file an application for entry of default. (See, generally, Dkt.). The court will provide plaintiff one final opportunity to respond to the Order to Show Cause as to Poshmark. Based on the foregoing, IT IS ORDERED THAT: 1. Plaintiff shall file an application for entry of default judgment as to Poshmark no later than December 28, 2022. 2. Plaintiff is cautioned that failure to file an application for entry of default judgment by the deadline set forth above will result in the dismissal of Poshmark without prejudice for failure to prosecute and/or failure to comply with a court order. See Fed. R. Civ. P. 41(b); Link, 370 U.S. at 629-30, 82 S.Ct. at 1388. 3. The Order to Show Cause as to Poshmark is hereby continued pending compliance with paragraph one above. 00 : 00 Initials of gga Preparer CV-90 (10/08) CIVIL MINUTES - GENERAL Page 1 of 2 Case 2:22-cv-07343-FMO-PLA Document 69 Filed 12/19/22 Page 2 of 2 Page ID #:407 UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA CIVIL MINUTES - GENERAL Case No. CV 22-7343-FMO (PLAx) Date December 19, 2022 Title Hera Print, Inc. v. Like Dreams, Inc. et al. CV-90 (10/08) CIVIL MINUTES - GENERAL Page 2 of 2